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individual dismissal
Newsletter May, 2022

UK: a decision on employers’ response to industrial action

May, 2022
  • On 24 March 2022, the England and Wales Court of Appeal addresses the issue of employer responses to employee industrial action other than dismissal.
  • It stated that, while that type of dismissal is prohibited, the law does not prevent other types of sanctions that may be imposed by the employer.

Netherlands: refusing a PCR test is a valid reason for a dismissal

May, 2022
  • The District Court of Amsterdam stated that the dismissal of a teacher who refuses to be PCR-tested for the coronavirus is lawful.
Newsletter April, 2022

Spain: a decision on installation of hidden cameras to film the worker who damages business equipment

April, 2022
  • The Social Division of the Supreme Court upheld the appropriateness of the installation, for the sole purpose of identifying and dismissing workers who had vandalised various vending machines, of hidden cameras in the canteen of a work centre.
  • Even though the workers had not been previously informed of the installation of the cameras, the seriousness of the acts committed by the workers justified their disciplinary dismissal for breach of contract.

Norway: Court of Appeal provides guidance for dismissing employees by email

April, 2022
  • A recent ruling from the Borgarting Court of Appeal has allowed dismissal by email upon delivery in the employee's mailbox to be accepted in some cases.
  • The decision is a clear exception to the general principle that employers must send dismissal notices to employees in person or by registered letter.
Newsletter March, 2022

Turkey: Constitutional Court decision on the termination of an employment contract due to WhatsApp correspondences

March, 2022
  • The dismissal based on inspecting private correspondence of the employee by using employer's power of surveillance authority violates privacy and freedom of communication rights of the employee, guaranteed by the Turkish Constitution.
  • The decision confirmed the significance of informing employees about the employer’s right for inspection or getting consent for this when needed in case of internal investigation.

Hong Kong: Employment (Amendment) Bill 2022 on employment disputes arising from COVID-19 related matters

March, 2022
  • On 25 February 2022, the Government published the Employment (Amendment) Bill 2022.
  • It aims to find a balance between implementing various anti-epidemic measures to protect public health and preserving employees' statutory rights and benefits and to minimise labour disputes arising from COVID-19 issues.

Finland: New Cooperation Act

March, 2022
  • On 1 January 2022 entered into force the New Cooperation Act concerning consultations between employers and employees.
  • It aims to facilitate open dialogue in the workplace and to create a framework for the development of the company and the work community.
Newsletter January, 2022

Canada: the first class action dealing with terminations arising from the Covid-19 pandemic

January, 2022
  • On 13 December 2021, the British Columbia Supreme Court has certified a class action lawsuit brought by former employees against the owners of the Pan Pacific Hotel in Vancouver.
  • This is one of the first certified class actions in Canada which deals with terminations arising from the Covid-19 pandemic.

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